>>megyn: we are taking your thoughts on the arbitrator's decision. let me know if you think they came to the right conclusion. here is shepard smith. >>shepard: the news begins anew on "studio b" activists claim that they have video showing the syrian government has already used chemical weapons against its own people. remember the red line? that is what the white house called it. is this a propaganda or escalation of the civil war? what does it mean for us in that is ahead. potential breakthrough in the fight against a deadly kind of cancer.

doctors say they used a form of h.i.v. to beat this young girl's leukemia. another problem for apple maps. today we take you to a town where town leaders say using apple maps could kill you. you would be surprised. that is all ahead unless breaking news changes everything. this is "studio b." first from fox at 3:00 in new york city, we know the identity of the navy seal who died in the dangerous hostage rescue in afghanistan. here he is, officials confirmed he was 28-year-old from pennsylvania, a member of the navy seal team six. the same group that killed osama bin laden. the mission this weekend was to rescue a doctor from colorado. he was doing humanitarian work in afghanistan when the taliban kidnapped him last week near the border with pakistan. officials say the seal team moved in when intelligence

showed the doctor's life was in immediate danger. now we find out more of the daring raid and the intense firefight that killed one of our most elite fighters. jennifer griffin is live for us this afternoon at pentagon. tell us of the navy seal. >>reporter: he was young, just 28 and he was not on the bin laden raid. that was made up of members who were much older, petty officer first-class nicholas check came from a suburb of pittsburgh, pennsylvania, and died sunday of wounds he received during the rescue. i am told the team took a great dial of fire on the way in and he died of complications later from the wounds he received during the rescue mission. the doctor from a nongovernmental group of doctors was kidnapped with two afghan colleagues on wednesday in eastern afghanistan. the two co-workers were released but the doctor was still being

held. 11 hours later seal team six was sent in. >>shepard: tell us about the rescue. >>reporter: we are told we don't know whether it was human intelligence or signaled intercept but general allen, the top i.r.s. commander in afghanistan, he gave the order for seal team six to go in when they realized the doctor's life was in danger and he was last alone after the two co-workers were released. they concerned what could happen to him. the president and defense secretary issued condolences when they heard of the death of the seal member. >> they knew they were putting their lives on the line to free a fellow american from the enemy's grip and put the safe of another enemy ahead of their own as they always do. >>shepard: explosive but unconfirmed allegations from snowed syria today.

the activists are saying the assad regime has already used some of the chemical weapons. that is according to the reporting of the arab news site. the state department spokeswoman cannot confirm it. syrian activists posted video on the interpret claiming to show destruction caused by the chemical weapons. we cannot confirm that. over the weekend the regime told the u.n. it would not use those weapons on civilians. officials say syria is suspected of having the third largest stockpile of chemical weapons after the united states and russia. the situation is just one topic being discussed by world leaders and a meeting of the foreign ministers, 40,000 men and women and children have recorded killed in syria during uprising. now, live from washington. are the united states officials commenting that the government has used the chemical weapons?

>>reporter: reporters were told they do not have evidence of this but video uploaded by the syrian opposition and impossible to independently verify by fox, claims to show the use of the chemical weapons by assad regime. this fire which allegedly produces toxic smoke began after a tank was unloaded by a syrian jet over rebel-held territory. another video could not be authenticated showed gear confiscate by the opposition. the israeli around to the united states responded that the israelis have intelligence assets monitoring the stockpiles. >> syria has a very varied deep chemical weapons program. it is dispersed geographically. if the weapons were pass into the hands of hezbollah that would be a game changer. >> he said the jihad presence in syria is big and getting bigger and the longer this conflict

goes on the more they can establish a presence. >>shepard: different groups involved with the push against the syrian government but one of those groups among the rebels now about to be designate add terrorist organization? >>guest: that is right. an hour ago at the state department briefing we learned that an announcement could come tomorrow. the group is responsible for 40 suicide bombings in syria including one in damascus that killed 55 people and injureed hundreds. they draw on foreign joy haddist fighters making it harder for the united states to figure out who support and which to stay away from. >> we have had concernsis littla front for al qaeda in iraq who has moved the operations into syria. >> also, the state department blames the assad regime for

creating personal grounds for the groups to consolidate their importance in syria. >>shepard: what to make of the reports that the syrian government has used chemical weapons? mike barrett is the c.e.o. of security consulting firm diligent innovations. you have say there are three ways to lay out the claim. >> first, that assad is planning on using the weapons. that is troubling because if that is true he is authorizing the use and we will see more chemical weapons used. another option is that the senior military leaders decided to use the weapons without his permission which obviously shows there is chaos in the ranks. that would be bad. and, third, the rebels have faked this incident in order to try and draw outside forts like the united states and the criminal lies and that is not

good, either, it could end up with us going in under false pretenses. >>shepard: there is a red line we have said on that matter. is anyone suggesting one of those is what they are leaning toward? >> this is right now in the middle of the fog of war. a challenge is syria we do not know who the players are other what is happening on the ground. we have amazing intelligence gathering capability the reality is people on the ground don't know. when you hear a senior general saying something to a trusted confidant you do not know if he is speaking truthly. >>shepard: as long as this is a conventional weapons conflict, they will do it by themselves you have said. >>guest: yes, the united states should stay out of this. the numbers are appalling, 40,000 dead is a horrible number. but in mexico, the drug war, the

numbers are terrible but us getting involved will not make the numbers go down. if a counter regime comes in they will kill all assad forces. we will see a death spike either way. >>shepard: if assad regime falls the unknown which follows it is something that i think has a lot of people in washington and beyond very concerned about. >>guest: well, it does. it should. look what happened in egypt. egypt has some weapons in military but the military is more or less modernized opposed to other parts of the regime, opposed to the muslim brotherhood but in syria, the rebel forces have the third largest stock smile in the world of chemical weapons. you can end up with al qaeda elements and chemical weapons. that is horrible for israel. but, this is why president obama should not have come out so strongly and said assad must go.

maybe civility would be better than the chaos we are seeing. >>shepard: the united states war ships are now positioned to spend to a planned rocket launch by the north koreans. officials say the rocket, if it works, could, in theory, carry a nuclear bomb to the united states. the latest on that stand off is next. washington insiders say it is up to president obama and the house speaker boehner to work out a deal to avoid the fiscal cliff what if they say we have a deal, wouldn't players on both sides, the tar right and the far left, be angry? would it make more sense to wait until the last minute and then tell us? could that be what is going on?

>>shepard: north korea is reportedly planning a rocket

launch. technical glitch forced officials to add an extra week to the take off window. they now report the launch will take place some time before december 29. officials claim they are trying to put a satellite in space but the united states does not believe it. they say the regime is planning to test a long-range nuclear capable ballistic missile. the navy moved warships to the region to track and possibly defend against the planned launch. defend. and now the news from washington, dc. what are foes saying in the united states about this? >> only that the delay appears to is done nothing to dissuade north korea from moving ahead with what is believed an effort to build an intercontinental missile aimed of having a nuclear warhead. >> as far as we can tell this is a delay and the plans are unchanged. >> an analyst in south korea

believes the international pressure could be a factor in the delay because china may have sent a strong message for the north to cancel the launch plan and the technical glitches in the third stage of the rocket could have only been a cover. that is speculation we cannot confirm. >>shepard: is anyone talking about openings to slow them down? >>guest: whatever lessons are applied to the missile launch could be learned from sanctioned applied to iran with a growing consensus the sanctions could be working and they could be applied to impose greater sanctions on north korea working with allies and the united states, especially true if light the fact that many components for missiles and north korea's nuclear program come from abroad. there is a risk that more sanctions end up hurting ordinary people in north korea. >> in an initial stage, yes, a lesson of iran at some point the

sanctions can bite so deeply that the average person is going to suffer. now, these sanctions on north korea will probably make it harder on the elite. >> the six-nation talks to give north korea aid in exchange for disarmament have been stalled for four years. >> thank you, doug. time for the fiscal cliff update. we have not fallen over the ships but it is a few days away. no word of any progress. no compromise from either side. all with spending cuts and expiring tax credits. today, president obama pushed his proposed fix saying a deal must include higher tax rates. republicans say that is a job killer. they is said that forever. they let go of that, meeting at

the white house yesterday. neither side will give any details about the conversation between president obama and speaker boehner. wendell, is there any time left to get this done? >>reporter: well, folks think there is time for enough of a deal but stopped short of a fiscal cliff but some think that has to happen this week. at a daimler truck stop the president didn't mention the upper income tax hike he is demanding but warned what will happen if congress doesn't extend the middle-class tax cuts both sides want. >> people will spend nearly $200 billion less than otherwise they would spend. consumer spending will go down. that means you have less customers, businesses get fewer profits, they hire fewer workers, you go in a downward

spiral. wrong idea. >>reporter: the president criticized the right-to-work deal that michigan's republican legislature is set to pass calling it a right to make less money and says it doesn't have anything to do with economics but licks. >>shepard: does the fact that the two men who are the last two to meet on this matter, met together and did not come out bellyaching about the other side, is that positive or am i looking for a silver lining? >>reporter: it could be a sign of progress. there are signs from the people on capitol hill who have to vote on a deal. speaker boehner spokesman said the republican offer made last week remains the republican offer but on fox news sunday, tennessee senator corker suggested the republicans could get more leverage on entitlement cuts by giving the president the tax hikes he want. >> people are putting forth a theory and i think it has merit where you go ahead and give the president the 2 percent increase

he is talking about, the rate increase on the top 2 percent, and suddenly the shift goes back to entitlements. >> when the two sides are beyond the fiscal cliff deadline they have to raise the debt ceiling which can be used as leverage. >>shepard: doctors had given up on saving a little girl with leukemia and now she is alive and her cancer is in complete remission. how did they do it? there is an experimental therapy that saved her. and they tell us it could revolutionize cancer treatment. it has to do with one virus called hiv.

>>shepard: doctors say cancer already killed a since-year-old girl until they triad very different kind of treatment. they gave her a disabled form of h.i.v., the virus that causes aids and now the girl has been cancer free for seven months. researchers say this could fundamentally change the way we treat the crippling cancer of leukemia. a doctor who helped develop this treatment is director of blood and transplant at a center in philadelphia. h.i.v....what does this do? >>guest: if you think about it, one of the ways that h.i.v. works is by getting into cells, into immune cells. it is good at getting any cells but the virus makes them sick and kills the immune cells so,

what my colleagues have done is take the parts of the h.i.v. virus that are good at getting in cells get rid of the parts that kill the cells and replace that where molecules that can target the cells to fight leukemia so use the good parts without the bad part. >>shepard: how do you get the bad part out? >>guest: the scientist whose do this have biology techniques with mol cues and enzymes that can chop out the bad parts, splice the good parts together, and you can put in new information so the h.i.v. virus rather than making proteins to make the cell sick make proteins to make the cells kill leukemia. >>shepard: it is breaking the lock that is the cell and getting in and working against it. >>guest: actually, more working with it rather than against it using the h.i.v.

virus to work with the c do good things rather than bad things. >>shepard: i don't have to talk here about what leukemia has done to so many families and how many likes it has taken, this sounds like it could be extraordinary. dial it back, if necessary. >>guest: you are right. leukemia is a devastating disease. there is nothing good about it. the good news is that over the last decade there have been many new therapies and many are curable today when they were not in the past. there are still many too many patients, children and adult whose have leukemia that is incurable or therapies stop working after a time and many of the parents can be cured with very risky and intensive therapy ies but bone marrow transplants have enormous risk, are very dangerous and many

patients do not have a donor to transplant and there has been a need to find better therapies to treat and cure patients with leukemia who otherwise have no options. >>shepard: good luck to you and your colleagues. thank you. >>shepard: in egypt the new president morsi largely gave up his power grab over the weekend, but he also is giving new powers to the military. a live report next. and the details on the plane crash that killed the latin music center and reality television star as she tried to make it big in the united states coming up. [ woman ] ring. ring. progresso.

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>>shepard: this is "studio b" at the bottom of the hour, time for the top of the news. the president of egypt has given the army power to arrest civilians a move men to end days of violent demonstrations but is riling up the protesters more. this weekend he gave up the sweeping power it issued to himself, making him a dictator.

the president backed down ambassador bloody fights between his critics and the supporters, more than once, demonstrators break through wire barriers storming the presidential palace . but president morsi is pushing ahead with plans for a vote on a controversial new constitution. opponents say unless and until he calls off the vote, the protesters far from over. jonathan is in "studio b" and as always the military is key to what happens next. if you have the military, you have the you power to effect change. >>jonathan: as under mubarak so it is under current president and potential dictator morsi. the key is what happened tomorrow. the supporters of morsi and the opposition have both called huge protests for the streets of cairo. what the military does tomorrow

is the key. will they move in and after those who opposed morsi? do they take further action? listen, now, to david from the washington institute. >>guest: will the military open fire on the crowds? that is where the military would not maintain this type working relationship with morsi and where it would judge that it could lose its credibility and it would not basically kill description civilians in the service of the muslim brotherhood. >>jonathan: tomorrow, protests on both sides will be a key day. >>shepard: talked about the protest. how important is the referendum vote? >>jonathan: very important. that hands back to morsi a great deal of power again so that is why the opposition really has a few choices, they can protest in

the street and try to make it so chaotic that the everendumb cannot move ahead or boycott the referendum or hope that the united states and others apply a lot of pressure on mohammed morsi to be more incluive. officials at the state department are not involved right now. >> there are strong opinions in egypt about both the substance of the constitution and the process to get there. this is, these are egyptian decisions to make, how to move failure. >> that is what the united states officials are saying publicly but privately there is a fair degree of thinking they could be applying a lot more pressure on morsi. >>shepard: thank you. morsi could get a dose his own medicine. judge napolitano, his chicken is coming home to roost. >>judge napolitano: this is how he took power when the mobs

had enough of mubarak. how did mubarak become the president of egypt? in a military coup and he stayed there 30 years with knox unlawful elections but no one was perted to run or campaign against him. the muslim brotherhood challenged and had riots and demonstrations and the military shot the demonstrators and then backed off and president mubarak ran. sound familiar? it is close to the description jonathan gave us of what happened to president morsi in the past week. he is on very thin ice attempting to resist the very forces he unleashed which got him in power. >>shepard: we are not yet where the military is called to do anything. that is the possibility of the next step and you wonder if morsi would have something to do. many say if he brings in the opposition it could settle down.

>>judge napolitano: or if he proposes a constitution that recognizes people's differences, and is lawfully written. this is unlike anything egypt has had. the constitution egypt has is remarkably modern and western. it permits a person aggrieved by the government to challenge the government in a court. the new constitution would not permit that, which is a reason why the judges went on strike because they would be just functionaries deciding civil lawsuits and they could not interfere with extra constitutional behavior on the part of the government if the new constitution becomes law. it was also written by a legislature they have declared was unlawfully elected and not written by the constitutional committee that the present constitution says these write a new constitution. >>shepard: it is not an easy process, the exercise of democracy but at least until the point where he sicks the military on his people, something is, withing. >>judge napolitano: people are happy he is there.

he was popularly elected. it was not close. he won a substantial victory. if the military shoots anyone, that changes. president mubarak was tried, prosecuted and acquitted using the military to kill people. president morsi has ordered him tried again and again until he is convicted, the same thing that president morsi is threatening. he may not survive it biologically. >>shepard: egypt is the largest country if that region and without them, peace will be difficult to attain. a rising star in latin music world is dead after a small plane carrying the singer crashed to the ground. that is according to mexican police. she is a mexican american singer songwriter and reality tv show star who sold an estimated 15 million records world wide and

she just won two billboard mexican music awards including female artist of the year and reportedly signed a deal with abc just days before the crash if a comedy to introduce the 43 year old star to a broader audience in the united states. critics praised her soulful voice and her openness in trying to make a better life if her children and grandchild. trace i was getting alerts on this yesterday at a basketball game. what happened? >>trace: she finished up a concert in mexico and at 3:30 in the morning flying to mexico difficult for another show and ten minutes into the flight the jet literally fell off the radar and the authorities say the plane disintegrated on impact and neither the wreckage or the human remains were at all recognizable.

they did find a mangled driver's license of her. she was born and raised in los angeles and her very large southern california family is distraught. >> we don't know how...we are doing pretty bad. the good. the bad. the ugly. the short. the fat. the nice. everything about her was great. >>trace: the jet was registered to a las vegas company so the ntsb will be involved in this. her publicist, law, and makeup artist and the two pilots were on board the might. >>shepard: frankly, a lot of us had not heard of her but a major star. >>trace: maybe the biggest in the world and endured herself to millions because as you said in the open, she was so open about her personal problems. she was married and divorced three times.

she sang the . want songs about the mexican culture and the drug lords and the gangsters, those who follow the music industry say she was the most influential singing star since salina. >> rivera was a hope for a lot of people in the latin community and worked a decade tire misally inspiring people and that legacy, the music, everything she did in the business will have an impression for many, many years to come, like salina. >>trace: this woman had her first chinese at the age of 16 and never released an album until she was 30. now the at age of 43 she has left a very long legacy. >>shepard: and then there is

john mcafee. the software pioneer wanted for questioning with a murder has a new wish. he left the united states to lower his taxes but now that police in belize want him, he says he wants to come back to the place he left to avoid his taxes. and the matter of the dead dogs. and the dead neighbor. and live out in the jungle. all sorts of weirdness coming up. anncr: some politicians seem to think medicare and...

social security are just numbers in a budget. well, we worked hard for those benefits. we earned them. and if washington tries to cram decisions about the future... of these programs into a last minute budget deal... we'll all pay the price. aarp is fighting to protect seniors with responsible... solutions that strengthen medicare and... social security for generations to come. we can do better than a last minute deal... that would hurt all of us. >>shepard: we could be out of dates you would think but john mcafee story has a new twist. the millionaire software developer says after running from the law if a month the next stop could be...the united states. he said the troubles began in november, you probably heard this story, a neighbor in central america nation complained of his dogs and someone poisoned the dogs and someone killed that same

neighbor. so you figure it out. now, he says he doing whatever he can to avoid getting sent back to belize if questioning and made the latest comment as part of an internet broadcast, so the quality is not perfect. >> i consider returning to the united states, that is my only hope now. it is clear in the past few weeks since i have started my blog i cannot ever return to belize. the government was made after me before, they are seriously mad at me now. there is no hope for my life if i am returned to belize. >>shepard: he ran into more trouble after he tried seeking asylum in guatemala and police arrested him for entering that country illegally and now his lawyers are fighting a government order to return him to belize. >> what are the chances he is sent back to belize? >>reporter: in the short term not likely. the legal fight is going on and

it could drag on for several months. mcafee claims that if he were to be sent back to belize he would be killed by the government. he said he has exposed corruption among top government officials and some officials have commented on this and the prime minister of belize saying that mcafee is "bonkers >>shepard: concerns about his health last week or a stunt? >>guest: he claimed to have chest pains when he arrived in gatt male and he could have had a heart attack but now he says the symptoms were the result of stress from life on the run. >> the problem i had the other day i did not eat for to days and i drank little liquids and for the first time in many years i have been smoking almost nonstop and i stood up, passed out, hit my head on the wall, and came to and to total

confusion. i am fine now. report report life on the run began a month ago. now he is in guatemala with his 20-year-old girl. they are being detained for illegally entering the country. >>shepard: police revealed new details of a key piece of evidence in the colorado movie massacre, the notebook that james holmes sent to a psychiatrist at the university of colorado. sources have told fox news that the notebook contained violent descriptions of a planned attack and today in court the university university police says lawyers asked the school to return the notebook four days after the shooting and cops say he killed 12 people and wounded dozens more when he opened fire at a midnight showing of batman back in july. and now, outside the courthouse in colorado.

what else have we learned about the notebook? >> we got confirmation when police first flipped through the note become, we heard from the police chief at the university he admitted when he firsthand telled the notebook he did not use gloves which was careless. as for james holmes, today his hair was longer, and he had a beard and he came out and he looked over the crowd which he has not done before. today the defense team is calling witnesses as part of a charge the prosecution leaked the net back content to fox news, something the d.a. denies. legal observers say this is a delay tactic. >> everything is against the background of capital punishment. we will have a new prosecutor. he has a big decision to make. the defense is dedicated to keeping the client alive. all of in is delaying and it

only helps the defense to keep the client alive. >>reporter: right now the preliminary hearing is scheduled for january 7 but, today, the defense asked for a delay. >>shepard: the word was this guy tried to kill himself or hurt himself. what is his condition now? >>guest: our producer says there were no visible injuries and because of the gag order his defense team cannot discuss his mental state or anything like that. the hearing today was actually scheduled because it was rescheduled because in november his defense team said the client had a medical emergency, and much of reporting last month had him banging his head against the jail cell wall and this wasn't the first time he tried to hurt himself since being arrested for the shooting. >>shepard: i mentioned about one town that has come out with

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>>shepard: now the story of the apple map. there is a town in australia and you go to the town on apple maps it told you it would be 40 miles away from where it and that 40 miles around was in the middle of the outback with temperatures at 115 degrees anding in to drink and nowhere to go and no real navigational tools that work the local government said you could die out in this 115-degree heat. "wired" reports that, today,

apple has fixed the issue but apple ditched google for their own version and a variety of problems forced them to make a public apology. and author of "rethinking reputation and p.r. trumps marketing and advertising." this town said using apple maps can kill you. it was a good headline. >>guest: life threatening is never a good marketing image for your product. it brings a new meaning to "killer apps." the problem with apple and i am a shareholder of apple, it is a great company, one of the best companies in the world but it has been in a vortex of bad news so every blogger is piling on and every security analyst is saying sell it so the stock went from $700 to $525 in a month it has to become more public. >>shepard: they have to start talking about their issues.

>>guest: exactly. in this case, with australia, what was serious in australia, and it was as you described but the company did not say anything, they fixed the problem. what i on say, acknowledge it, as they did when they introduced apple maps four months ago. the c.e.o. said, there have been some glitches with the service and if you want you can use google maps or you can use microsoft, whatever, we will fix it, we apologize, that is the spirit that apple ought to adopt. >>shepard: after they did that people looked for good thing. apple maps give you turn by turn driving directions and it has a lost features that we never had with google maps. it is an upgrade. >>guest: that is a good point. people say the 3-d visuals on it are trick. are cool. the problem with apple, steve jobs was a marketing genius but

he was arrogant, not great public relations. tim cook is new. you have a great company, a stock that should be roaring but you have to be more public. you have to consider public relations more than you have up to now. >>shepard: thank you. >> have you heard about the well dressed monkey would walked into ikea? stand by. [ male announcer ] when was the last time something made your jaw drop? campbell's has 24 new soups that will make it drop over, and over again. ♪ from jammin' jerk chicken, to creamy gouda bisque. see what's new from campbell's. it's amazing what soup can do. constipated? yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life.

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>>shepard: creditors -- critters, a baby monkey in a coat at ikea showed up at a parking lot of a store and some thought it was a toy, really, with the fancy coat, but when it started yelling they called the

cops. >> i was shocked. shocked. >> you were shocked? >> he is named darwin slipped from the owner's crate. it is illegal to own a monkey so officials are sending him to a sanctuary. >> and before we wrap it up, a north carolina guy is facing charges of money laundering. but a prison continues could be better than what will happen if his bosses get him. cops in tucson, arizona, say he was trafficking through the airport last month when he called local police asking for an officer to write an excuse note for him. he told the cops he was carrying drug money and he had several times in the past. but this time the suitcase was $20,000 light and he was afraid his employers would kill him. he figured a net from